This document is an assignment of designs, which may be registered or under application for registration. Under Section 11 of the Designs Act 2003 (Cth), the owner of a registered design may assign the registered owner’s interest in the design by writing. The assignment must be signed by, or on behalf of, the assignor and the assignee and may be for a particular place. The document is drafted as a deed, and provides the option for the assignment to be effected with or without payment in exchange.

Registering the change of ownership

The assignment requires the assignor to provide the necessary document to the registrar of designs for the change of ownership to be recorded. The IP Australia Register is public, so if there is any confidential material included in the assignment (such as the consideration), the parties should redact that part before submission.

Commercial considerations

The parties should consider why the designs are being assigned. If it is due to the purchase of products or technology, or of a company or business that has been built around the products or technology, the parties should also consider other commercial documents to accompany this assignment, and seek legal advice. These documents include:

• Business Sale Agreement
• Assignment of Intellectual Property
• Consultancy Agreement (Pro-Client)
• Training Services Agreement
• Supply Agreement
• Confidentiality Agreement (Mutual)